City Council Agendas, Packets and Minutes

Unapproved Minutes Council Special Session December 18, 2023 Monday 12:00 noon The special session of the City Council, City of Vermillion, South Dakota was held on Monday, December 18, 2023 at 12:00 noon at the John “Jack” Powell Conference Room. 1. Roll Call Present: Humphrey, Jennewein, Letellier, Murra, Price, Ward, Mayor Cole Absent: Hellwege, Holland 2. Adoption of Agenda 451-23 Council Member Price moved approval of the agenda. Council Member Ward seconded the motion. Motion carried 7 to 0. Mayor Cole declared the motion adopted. 3. Visitors to be Heard - None 4. Police Department Life Saving Awards – Police Chief Crystal Brady Crystal Brady, Police Chief, presented Norma Probst and Tevin Mielitz with the Life Saving award for their heroic efforts in saving a life while on duty. 5. VCDC Quarterly Report – Jim Peterson Jim Peterson, VCDC Executive Director, reported on the fourth quarter at the VCDC. Jim reviewed the areas of focus for 2023 which were economic development, tourism, chamber services, and workforce development. Discussion followed. 6. Off-premises Signs – Building Official Kalin Bird Kalin Bird, Building Official, reported on off-premises signs and potential changes or options for different areas of the City. Kalin went over the maximum areas for different lot frontages. Kalin noted that since Cherry Street is on a state highway that the rules the DOT have in place will need to be followed first. Discussion followed on size of signs and location from residential areas. 7. Briefing on the December 18, 2023, City Council Regular Meeting 1 Council reviewed items on the agenda with city staff. No action was taken. Council Member Humphrey excused himself at 12:43 p.m. 8. Executive Session – per SDCL 1-25-2(5) 452-23 Council Member Murra moved to go into executive session per SDCL 1-25- 2(5) at 1:04 p.m. Council Member Jennewein seconded the motion. Motion carried 6 to 0. Mayor Cole declared the Council out of executive session at 1:30 p.m. 9. Adjourn 453-23 Council Member Murra moved to adjourn the Council special session at 1:30 p.m. Council Member Ward seconded the motion. Motion carried 6 to 0. Mayor Cole declared the motion adopted. Dated at Vermillion, South Dakota this 18th day of December, 2023. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY___________________________________ Katie E Redden, Finance Officer Unapproved Minutes City Council Regular Session December 18, 2023 Monday 7:00 p.m. The regular session of the City Council, City of Vermillion, South Dakota was called to order on December 18, 2023 at 7:00 p.m. by Mayor Cole. 1. Roll Call Present: Hellwege, Humphrey, Jennewein, Letellier, Murra, Price, Ward, Mayor Cole 2 Absent: Holland 2. Pledge of Allegiance 3. Minutes A. Minutes of December 4, 2023, Special Session and December 4, 2023, Regular Session. 454-23 Council Member Humphrey moved approval of the December 4, 2023, special session and December 4, 2023 regular session minutes. Council Member Murra seconded the motion. Motion carried 7 to 0. Mayor Cole declared the motion adopted. 4. Adoption of Agenda 455-23 Council Member Price moved approval of the agenda. Council Member Hellwege seconded the motion. Motion carried 7 to 0. Mayor Cole declared the motion adopted. Council Member Ward arrived at 7:01 p.m. 5. Visitors to be Heard - None 6. Public Hearings A. Medical Cannabis License Renewals. Katie Redden, Finance Officer, reported on Medical Cannabis License Renewals. Katie noted that the ordinance required approval by the City Council for issuance of Medical Cannabis License Renewals. Katie stated that the following firms have applied to renew their medical cannabis license: Dispensary Licenses:  Dakota Herb at 112 E Main Street  Dakota Natural Growers at 907 N Norbeck Cultivation Licenses:  Dakota Natural Growers at 907 N Norbeck  Aardvark Alternative Medicine at 828 N Crawford Rd Manufacturing License:  Dakota Natural Growers at 907 N Norbeck 3 Katie noted that during the license period January 1, 2023 to December 31, 2023, one cultivation license is in use and one dispensary license is in active use. The remaining dispensaries and manufacturing license are still in the construction phase which is due to getting the facilities up to code and in compliance with all laws. At this time, there have been no issues with Medical Cannabis licenses. Discussion followed. 456-23 Council Member Ward moved approval of the Medical Cannabis License renewals. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. B. First Reading of Ordinance 1498 Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.099, Building Permits and Fees, (A) Building Permits and (C) Expiration of a Building Permit, to remove portions covered in Chapter 150: Building Regulations. Jose Dominguez, City Engineer, reported on the first reading of Ordinance 1498 Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.099, Building Permits and Fees, (A) Building Permits and (C) Expiration of a Building Permit, to remove portions covered in Chapter 150: Building Regulations. Jose noted that staff reviews portions of the Code of Ordinances periodically to ensure that the Code is still relevant and that it complies with current State and Federal regulations and other adopted codes. Jose noted that in this instance, Staff reviewed Chapter 150: Building Regulations and found several areas that need to be updated. However, in doing the review of Chapter 150, it was discovered that there were duplicate sections in 155.099 that contradicted the instructions given in Chapter 150 or that portions of Chapter 150 were lacking requirements. Jose stated the proposed amendments to section 155.099 intend to clarify the Code and allow for Staff to better interpret the entire Code of Ordinance. The amendments would also assist the public since the Code would be less confusing. Jose noted the proposed ordinance was presented to the Planning and Zoning Commission on November 27th. After reviewing the proposed district regulations, the Commission voted 9-0 to recommend adoption of the proposed ordinance as presented. Items discussed at the meeting included further clarifying section (A)(2) to specifically state that the zoning administrator only issues temporary permits in the absence of the building official. Jose reported the proposed ordinance is being brought up for consideration by Staff. As such, the ordinance must only follow the 4 statutory requirements of publishing the meeting notices in the newspaper. Jose noted the proposed amendments are as follows:  The Zoning Administrator will NOT issue permits. The Building Official will. This is covered in 150.02 (B)(5); and  Portions regarding requirements in a building permit application will be removed since this is covered in 150.23; and  Item 155.099 (A)(3) will be removed. This is covered in section 150.24 (B); and  Item 155.099 (A) (5) will be removed. A new section covering the same items will be added to Chapter 150. This new section will cover all razing and building demolitions; and  Item 155.099 (C) will be removed. A new section covering this will be added to Chapter 150. Jose stated changes to Chapter 150 will be considered by the City Council with a later agenda item at this meeting. Staff intends for both amendments to be considered at the same Council meeting to ensure that the amendments work together. 457-23 Mayor Cole read the title to the above-mentioned Ordinance and Council Member Hellwege moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to proposed Ordinance No. 1498 entitled An Ordinance Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.099 Building Permits and Fees, (A) Building Permits and (C) Expiration of a Building Permit; to Remove Portions Covered in Chapter 150: Building Regulations of the City of Vermillion, South Dakota has been read and the Ordinance has been considered to advance to the second reading at this meeting being a regularly called meeting of the Governing Body of the City on this 18th day of December, 2023 at the Council Chambers in City Hall in the manner prescribed by SDCL 9-19-7 as amended. The motion was seconded by Council Member Jennewein. After discussion the question of adoption of the Resolution was put to a vote of the Governing Body and 8 members voted in favor of and 0 members voted in opposition to the motion. Mayor Cole declared the motion adopted. 7. Old Business A. Second Reading of Ordinance 1497 - 2023 Budget Supplemental Appropriations Ordinance. 5 Katie Redden, Finance Officer, reported that the Supplemental Appropriations Ordinance is needed to adjust the budget for items that have changed since the revised budget was adopted in September 2023. Katie stated that the agenda memo included an explanation of the individual line-item changes noting that the general fund is projecting to decrease the general fund reserve by $39,806 for 2023. Discussion followed. 458-23 Second reading of title to Ordinance No. 1497, entitled the 2023 Budget supplemental appropriations for the City of Vermillion, South Dakota. Mayor Cole read the title to the above-named ordinance, and Council Member Ward moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1497 entitled 2023 Budget supplemental appropriations was first read and the Ordinance considered substantially in its present form and content at a regularly called meeting of the Governing Body on the 4th day of December, 2023 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 18th day of December, 2023 at the City Hall Council Chambers in the manner prescribed by SDCL 9-19-7 as amended. BE IT RESOLVED and ordained that said Ordinance be adopted to read as follows: ORDINANCE NO. 1497 2023 SUPPLEMENTAL APPROPRIATIONS ORDINANCE AN ORDINANCE ADOPTING a 2023 Supplemental Appropriations Ordinance for the City of Vermillion, South Dakota. BE IT ORDAINED, BY THE GOVERNING BODY of the City of Vermillion, that the following sums are appropriated to meet the obligations of the municipality. Amount of 2023 Proposed Supplemental Budget Budget Budget General Fund: Revenues: Tax on Mobile Homes 900 1,500 600 Sales Tax 2,200,000 2,500,000 300,000 Liquor and Beer Licenses 37,000 38,700 1,700 Federal Grants Through State -0- 34,500 34,500 Federal Grants - Designated 1,500 5,200 3,700 Damage to City Property 2,500 6,000 3,500 6  Storage Fees 7,000 12,000 5,000 Tagging Fees 8,000 12,500 4,500 Interest Earned on Investment 84,000 150,000 66,000 Other General Revenue 17,000 18,500 1,500 Sale of Property 12,000 222,000 210,000 Transfer in Enterprise 1,457,366 1,445,646 (11,720) Appropriation from Reserve 487,955 39,806 (448,149) Expenditures: General Government 711,179 721,879 10,700 Finance 206,657 210,947 4,290 Municipal Service Center 30,146 30,660 514 Engineering 400,934 402,184 1,250 Police Administration 667,742 667,762 20 Street 816,903 824,603 7,700 Snow Removal 129,504 133,504 4,000 Old Landfill 16,000 17,000 1,000 Airport 102,067 103,417 1,350 Code 279,979 280,565 586 Fire 473,625 503,725 30,100 Ambulance 676,888 703,200 26,312 Recreation 277,036 279,536 2,500 Swimming Pool 328,578 395,287 66,709 Parks & Forestry 460,280 470,180 9,900 Library 692,666 695,666 3,000 National Guard Armory 57,160 58,360 1,200 Second Penny Sales Tax Fund: Revenues: Sales Tax 2,190,000 2,474,000 284,000 Contributions and Donations -0- 5,000 5,000 Interest on Investment 50,000 154,700 104,700 Appropriation from Reserve 425,640 76,261 (349,379) Expenditures: Public Safety Expenses 284,000 289,000 5,000 Culture and Recreation 896,000 931,000 35,000 Transfer 704,640 708,961 4,321 Special Revenue Fund: Bed Booze and Board (BBB): Revenues: Bed Board and Booze Tax 376,000 409,000 33,000 Interest Income 900 7,400 6,500 Appropriation from Reserve 26,485 -0- (26,485) Expenditures: Community Development 403,385 403,985 600 Appropriation to Reserve -0- 12,415 12,415 Special Revenue Fund: Library: 7 Revenues: Fines & Forfeits 400 600 200 Interest on Investment 50 75 25 Other Revenue 4,000 6,200 2,200 Expenditures: Appropriation to Reserve -0- 2,425 2,425 Special Revenue Fund: Stormwater: Revenues: State Grants -0- 4,500 4,500 Interest on Investment 5,000 9,100 4,100 Expenditures: Operating Expense 65,000 68,000 3,000 Reserve 211,260 216,860 5,600 Internal Service Fund: Copier Fax Postage: Revenues: Transfer from Reserve 4,680 5,780 1,100 Expenditures: Postage 8,400 9,500 1,100 Internal Service Fund: Equipment Replacement: Revenues: Interest on Investments 20,000 60,920 40,920 Sale of Equipment -0- 34,100 34,100 Reserve 397,497 399,773 2,276 Expenditures: Equipment Replacement 1,114,320 1,191,616 77,296 Internal Service Fund: Technology Replacement: Revenues: Interest on Investments 200 2,902 2,702 Expenditures: Operating Expenses 1,860 2,060 200 Appropriation to Reserve 3,277 5,779 2,502 Capital Project Fund: Airport Revenues: Transfer In 6,240 10,561 4,321 Expenditures: Reserve -0- 4,321 4,321 Debt Services: TIF 6 Revenues: Property Taxes 373,355 424,623 51,268 Appropriation from Reserve -0- 12,812 12,812 Expenditures: 8  Principal 346,170 410,250 64,080 Debt Services: TIF 7 Revenues: Proceeds from Sale of Lots 40,000 74,716 34,716 Expenditures: Principal 19,893 54,609 34,716 Enterprise Fund: Golf Course Revenues: Sales 942,010 990,010 48,000 Interest 5,000 16,000 11,000 Appropriation from Reserve 111,528 135,398 23,870 Expenditures: Personnel Services 256,882 276,742 19,860 Operating Expenses 636,408 699,418 63,010 Enterprise Fund: Electric Revenues: Car Charging Station 1,500 2,500 1,000 Interest on Investments 100,000 297,000 197,000 Expenditures: Billing Expenses 185,122 190,657 5,535 Electric Power Plant Exp. 3,727,231 3,727,341 110 Distribution Exp. 2,774,302 2,775,702 1,400 Reserve 658,699 849,654 190,955 Enterprise Fund: Water Revenues: Sales 1,783,100 1,784,400 1,300 Interest on Investment 10,000 58,112 48,112 Appropriation from Reserve 385,764 540,762 154,998 Expenditures: Billing Operating Expenses 163,680 165,444 1,764 Treatment Expenses 1,293,846 1,478,426 184,580 Distribution Expenses 752,695 770,761 18,066 Enterprise Fund: Wastewater Revenues: Sewer Other 5,000 6,500 1,500 Interest 75,000 114,500 39,500 Appropriation from Reserve 671,604 645,815 (25,789) Expenditures: Billing Expenses 118,514 120,672 2,158 Collection Expenses 1,510,382 1,513,965 3,583 Treatment Expenses 1,909,084 1,918,554 9,470 9 Enterprise Fund: Liquor Revenues: Sales 1,823,400 1,826,400 3,000 Expenditures: Operating Expenses 1,527,550 1,541,770 14,220 Capital Expenses 10,000 10,500 500 Transfer 330,911 319,191 (11,720) Enterprise Fund: Joint Powers: Revenues: Joint Landfill Sales 953,400 1,045,400 92,000 Interest 23,000 87,000 64,000 Appropriation from Reserve 945,116 636,026 (309,090) Expenditures: Joint Landfill Expenses 3,378,620 3,514,870 136,250 Joint Recycling Expenses 543,696 550,356 6,660 Appropriation to Reserve 296,000 -0- (296,000) Enterprise Fund: Curbside Recycling Revenues: Interest 500 3,950 3,450 Appropriation from Reserve 2,861 10,366 7,505 Expenditures: Operating Expenses 29,111 40,066 10,955 Dated at Vermillion, South Dakota this 18th day of December, 2023. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY__________________________________ Katie E Redden, Finance Officer Adoption of the Ordinance was seconded by Council Member Murra. Thereafter the question of the adoption of the Ordinance was put to a roll call vote of the Governing Body, and the members voted as follows: Hellwege -Y, Humphrey -Y, Jennewein-Y , Price -Y , Letellier -Y , Ward - Y, Murra -Y, Mayor Cole -Y Motion carried 8 to 0. Mayor Cole declared that the Ordinance has been adopted and directed publication thereof as required by law. B. Second Reading of Ordinance 1499 Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Adding Section 155.062 Entitled Jolley 10 Planned Development District to the City of Vermillion Code of Ordinances. Jose Dominguez, City Engineer, reported on the second reading of Ordinance 1499 Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Adding Section 155.062 Entitled Jolley Planned Development District to the City of Vermillion Code of Ordinances. Jose stated in the fall of 2024, the Vermillion School District (VSD) will begin having classes at the new elementary school that will be located west of Princeton Street along West Dartmouth Street. When classes start at the new school, the City will take possession of Jolley Elementary School at 224 S University Street with the intent to raze the building and develop the land for residential use and park space. Jose noted prior to any construction occurring on the Jolley School site, the City will be proposing a set of covenants to regulate the style of buildings constructed in the area. The covenants are later on this agenda. Jose stated the proposed ordinance was presented to the Planning and Zoning Commission on November 27th. After reviewing the proposed district regulations, the Commission voted 9-0 to adopt the proposed ordinance as presented. Besides Staff, the Commission meeting was attended by all nine commissioners, five members of the public that lived in the area, and a City Council member. Items discussed at the meeting included amenities that would be constructed at the park, if a bus stop could be considered in the area due to the large number of school-age kids in the neighborhood, the ownership of a fence along the northside of the Jolley School site, access to a neighboring property from the school site once the property changes hands, and the size of the proposed lots and how that may impact constructability. Jose reported the proposed ordinance is being brought up for consideration by Staff. As such, the ordinance must only follow the statutory requirements of publishing the meeting notices in the newspaper. However, Staff has also placed a meeting notice on the property to let the neighbors know of the meeting tonight. Jose noted the proposed ordinance would create a new zoning district. The zoning district would be split into three areas. Area “A” would be located along South University Street and would only allow for single- family detached houses. Area “B” would be along Linden Street and, again, would only allow for single-family detached homes. Finally, Area “C” would be located along Maple Street and would only allow for parks and for neighborhood utility facilities. All the uses would be permitted. Jose stated the ordinance would set the minimum lot and yard regulations for the district. These are slightly different than what you see in 11 other typical residential districts within the City. The main differences are that the proposed lot areas, the front yard setbacks, and the rear yard setbacks are different than typical R-1 zoning. Jose noted this was done to ensure the new construction matched as much as possible to the existing housing along the adjoining streets. Jose stated besides the Commission, Staff has discussed the proposed changes with the City’s Historic Preservation Commission (HPC) at their October 11th and November 8th meetings. After review of the ordinance at the November meeting, the HPC recommended that the proposed ordinance be adopted as is. Jose noted no changes have been made since the first reading on December 4th. Jose noted a public meeting was held on December 5th to discuss the project with the public. Staff sent invitations to all the adjacent neighbors, and to owners of property within 250 feet of the school. The meeting was attended by approximately 25 individuals. Questions were asked at the meeting about possible uses, size of the lots, park amenities, funding, and covenants. After the presentation and question session, Staff answered specific questions on a one-on-one basis. 459-23 Second reading of title to Ordinance No. 1499, entitled An Ordinance Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Adding Section 155.062 Entitled Jolley Planned Development District for the City of Vermillion, South Dakota. Mayor Cole read the title to the above-named Ordinance, and Council Member Hellwege moved adoption of the following: ORDINANCE 1499 AN ORDINANCE AMENDING TITLE XV, LAND USAGE; CHAPTER 155; ZONING REGULATIONS; ADDING SECTION 155.062 ENTITLED JOLLEY PLANNED DEVELOPMENT DISTRICT TO THE CITY OF VERMILLION CODE OF ORDINANCES. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota, that the following section of Chapter 155 be added. All other portions of Chapter 155 will remain as they are. Following is the amendment: § 155.062 JOLLEY PLANNED DEVELOPMENT DISTRICT. The purpose of this district is to provide for certain low-density residential areas. All City ordinances apply to the Planned Development District except for those modified below. (A) Area A (low-density, single-family detached residential uses) Permitted Uses Applicable Standards Dwelling, single-family detached §§ 155.070, 155.072, 155.076, 155.077 12 Accessory building or use §§ 155.071, 155.082(A) (see definition) (B) Area B (low-density, single-family detached residential uses) Permitted Uses Applicable Standards Dwelling, single-family detached §§ 155.070, 155.072, 155.076, 155.077 Accessory building or use §§ 155.071, 155.082(A) (see definition) (C)Area C (park space) Permitted Uses Applicable Standards Neighborhood utility facility § 155.070 Public park areas § 155.070 (D) Lot and yard regulations. All measurements shall be taken from the lot line to the building line (see definitions). Values listed are minimums, unless otherwise stated. Area A uses: Lot Area 9,100 square feet; Frontage 65 feet; Building Line 65 feet; Front Yard 40 feet; Side Yard 8 feet; Rear Yard 15 feet; Maximum Height 35 feet Area B uses: Lot Area 7,800 square feet; Frontage 65 feet; Building Line 65 feet; Front Yard 25 feet; Side Yard 8 feet; Rear Yard 15 feet; Maximum Height 35 feet All other uses: Lot Area 9,100 square feet; Frontage 65 feet; Building Line 65 feet; Front Yard 40 feet; Side Yard 8 feet; Rear Yard 25 feet; Maximum Height 35 feet Exceptions: (1) The side yard will be required to be increased by 10 feet when the building is 3 stories in height or more. (2) There shall be a required front yard on each street side of a double frontage lot. There shall be a required front yard on each street side of a corner lot. (3) See also adjustments to yard regulations (§ 155.082) for other specific exceptions. (4) One required front yard may be reduced to 25 feet on corner lots. (E) Property re-division. All future property re-division shall require a re-platting of the affected parcels. The Planned Development District may require an amendment on property re-division. Dated at Vermillion, South Dakota this 18th day of December, 2023. 13  THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY______________________________ Katie E. Redden, Finance Officer BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1499 entitled An Ordinance Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Adding Section 155.062 Entitled Jolley Planned Development District was first read and the Ordinance considered substantially in its present form and content at a regularly called meeting of the Governing Body on the 4th day of December, 2023 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 18th day of December, 2023 at the City Hall Council Chambers in the manner prescribed by SDCL 9-19-7 as amended. BE IT RESOLVED and ordained that said Ordinance be adopted to read as follows: Adoption of the Ordinance was seconded by Council Member Humphrey. Thereafter the question of the adoption of the Ordinance was put to a roll call vote of the Governing Body, and the members voted as follows: Hellwege -Y, Humphrey -Y, Jennewein -Y, Price -Y, Letellier -Y, Ward -Y, Murra -Y, Mayor Cole -Y. Motion carried 8 to 0. Mayor Cole declared that the Ordinance has been adopted and directed publication thereof as required by law. C. Second Reading of Ordinance 1500 Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.026 to Rezone Lots 7-12, Block 2, and All of Block 3, College Park Addition, from the R-1 Residential District to the Jolley Planned Development District. Jose Dominguez, City Engineer, reported on the Second Reading of Ordinance 1500 Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.026 to Rezone Lots 7-12, Block 2, and All of Block 3, College Park Addition, from the R-1 Residential District to the Jolley Planned Development District. Jose noted the area being rezoned is within the Jolley Historic District. This district was created in 2022 and encompasses a large area roughly bounded by East Main, South Pine, East Lewis, East Canby, and South Harvard Streets. The area is being rezoned to facilitate the construction of single-family detached 14 residences in the area that fit, in partial characteristics, with the neighboring properties. Jose noted similarly, to the previous agenda item, this rezone is being brought up for discussion by Staff. As such, the amendment must only follow the statutory requirements of publishing the meeting notices in the newspaper. However, Staff has also placed a meeting notice on the property to let the neighbors know of the meeting tonight. Jose reported the area being rezoned will be split into three different areas. As mentioned previously, the only use allowed in Areas “A” and “B” will be single-family detached housing. However, the lots along Area “A”, this area fronts South University Street, will be larger than those in Area “B”. This is due to the difference in existing housing stock along S University Street that are placed in larger lots than those found along Linden Street. Area “C”, along Maple Street, will be designated as a park space. At this point it is unclear what exact amenities will be installed in the park. In discussions with the Parks and Recreation Department, the amenities may consist of open green space, a small shelter, and playground equipment. Jose noted that a public meeting was held on December 5th to discuss the project with the public. Staff sent invitations to all the adjacent neighbors, and to owners of property within 250 feet of the school. The meeting was attended by approximately 25 individuals. Questions were asked at the meeting about possible uses, size of the lots, park amenities, funding, and covenants. After the presentation and question session, Staff met with individuals to answer specific questions on a one-on-one basis. 460-23 Second reading of title to Ordinance No. 1500, entitled An Ordinance Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.026 to Rezone Lots 7-12, Block 2, and All of Block 3, College Park Addition, from the R-1 Residential District to the Jolley Planned Development District for the City of Vermillion, South Dakota. Mayor Cole read the title to the above-named Ordinance, and Council Member Murra moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1500 entitled An Ordinance Amending Title XV, Land Usage; Chapter 155, Zoning Regulations; Section 155.026 to Rezone Lots 7-12, Block 2, and All of Block 3, College Park Addition, from the R-1 Residential District to the Jolley Planned Development District for the City of Vermillion, South Dakota was first read and the Ordinance considered substantially in its present form and content at a 15 regularly called meeting of the Governing Body on the 4th day of December, 2023 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 18th day of December, 2023 at the City Hall Council Chambers in the manner prescribed by SDCL 9- 19-7 as amended. BE IT RESOLVED and ordained that said Ordinance be adopted to read as follows: ORDINANCE 1500 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE XV, LAND USAGE; CHAPTER 155, ZONING REGULATIONS; SECTION 155.026 ENTITLED ADOPTION OF OFFICIAL ZONING MAP, REZONING LOTS 7-12, BLOCK 2, AND ALL OF BLOCK 3, COLLEGE PARK ADDITION, CITY OF VERMILLION, CLAY COUNTY, SOUTH DAKOTA FROM THE R-1 RESIDENTIAL DISTRICT TO THE JOLLEY PLANNED DEVELOPMENT DISTRICT. BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the Code of Ordinances Section 155.026, Adoption of Official Zoning Map, be amended as follows: Lots 7-12, Block 2, and all of Block 3, College Park Addition, City of Vermillion, Clay County, South Dakota be hereby excluded from the R-1 Residential District and included into the Jolley Planned Development District. Dated at Vermillion, South Dakota this 18th day of December 2023 THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY______________________________ Katie E. Redden, Finance Officer Adoption of the Ordinance was seconded by Council Member Price. Thereafter the question of the adoption of the Ordinance was put to a roll call vote of the Governing Body, and the members voted as follows: Hellwege -Y, Humphrey -Y, Jennewein -Y, Price -Y, Letellier -Y, Ward -Y, Murra -Y, Mayor Cole -Y. Motion carried 8 to 0. Mayor Cole declared that the Ordinance has been adopted and directed publication thereof as required by law. 16 D. Second reading of Ordinance 1501 amending Title IX, General Regulations; Chapter 96, Streets and Sidewalks; Section 96.09(H)(3)(a) replacing the term B-2 District with CB Central Business District. John Prescott, City Manager, reported on the second reading of Ordinance 1501 amending Title IX, General Regulations; Chapter 96, Streets and Sidewalks; Section 96.09(H)(3)(a) replacing the term B-2 District with CB Central Business District. John stated in 2008 the City revised the entire Code of Ordinances. As part of this process, the zoning code was reviewed and revised. The zoning districts were renamed at that time. John noted the B-2 zoning district which was only utilized for the downtown area was renamed CB – Central Business District. Most of the use of zoning district names in City Code are found in Title XV – Land Usage. There are a few references to zoning districts in other sections of the City Code. John reported it was recently discovered that Chapter 96 – Streets and Sidewalks contained a reference to the B-2 District zoning category which no longer exists. This particular section of Chapter 96 has to do with benches and flower planters which are allowed downtown as part of the Streetscape projects. The proposed ordinance would replace the reference to the B-2 District with the current zoning district of CB - Central Business District. John noted no changes have been made since the first reading on December 4th, 2023. 461-23 Second reading of title to Ordinance No. 1501, entitled An Ordinance Amending Title IX, General Regulations; Chapter 96, Streets and Sidewalks; Section 96.09(H)(3)(a) replacing the term B-2 District with CB Central Business District for the City of Vermillion, South Dakota. Mayor Cole read the title to the above-named Ordinance, and Council Member Price moved adoption of the following: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1501 entitled An Ordinance Amending Title IX, General Regulations; Chapter 96, Streets and Sidewalks; Section 96.09(H)(3)(a) replacing the term B-2 District with CB Central Business District for the City of Vermillion, South Dakota was first read and the Ordinance considered substantially in its present form and content at a regularly called meeting of the Governing Body on the 4th day of December, 2023 and that the title was again read at this meeting, being a regularly called meeting of the Governing Body on this 18th day of December, 2023 at the City Hall Council Chambers in the manner prescribed by SDCL 9- 19-7 as amended. 17 BE IT RESOLVED and ordained that said Ordinance be adopted to read as follows: ORDINANCE 1501 AN ORDINANCE AMENDING CITY OF VERMILLION CODE OF ORDINANCES TITLE IX, GENERAL REGULATIONS; CHAPTER 96, STREETS AND SIDEWALKS; SECTION 96.09(H)(3)(a) CORRECTING THE NAME OF THE ZONING DISTRICT BE IT ORDAINED, by the Governing Body of the City of Vermillion, South Dakota that the following section of Chapter 96 be amended by replacing B-2 District with CB - Central Business District. All other portions of section 96.09(H)(3)(a) will remain as they are. Following is the amendment: That section 96.09(H)(3)(a) of the Street and Sidewalks Chapter is hereby amended: The owner or operator of any building located in the CB - Central Business district may locate and maintain the enhancement items on a public sidewalk in the manner and in accordance with the restrictions and limitations prescribed. An application for a permit to locate and maintain enhancement items on a public sidewalk in the CB - Central Business district which shall include an acknowledgement that the owner(s) and/or operator(s) accepts legal responsibility for any claims arising and that the owner (s) and/or operator(s) agrees to indemnify the city on any claims made against it. Dated at Vermillion, South Dakota this 18th day of December 2023. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY______________________________ Katie E. Redden, Finance Officer Adoption of the Ordinance was seconded by Council Member Hellwege. Thereafter the question of the adoption of the Ordinance was put to a roll call vote of the Governing Body, and the members voted as follows: Hellwege -Y, Humphrey -Y, Jennewein -Y, Price -Y, Letellier -Y, Ward -Y, Murra -Y, Mayor Cole -Y Motion carried 8 to 0. Mayor Cole declared that the Ordinance has been adopted and directed publication thereof as required by law. 8. New Business 18 A. Proposed covenants for the Jolley Planned Development District. Jose Dominguez, City Engineer, reported on proposed covenants for the Jolley Planned Development District. Jose noted that in the fall of 2024, the Vermillion School District (VSD) will begin having classes at the new elementary school that will be located west of Princeton Street along West Dartmouth Street. When classes start at the new school, the City will take possession of Jolley Elementary School at 224 S University Street with the intent to raze the building and develop the land for residential use and park space. Jose stated the proposed covenants were created through discussion and input of the City’s Historic Preservation Commission (HPC) with the intent to regulate the style of building being constructed and the location of garages. The HPC reviewed and discussed the covenants at their October 11th and November 8th meetings. After reviewing the document, the HPC recommended that the covenants be adopted as presented. Jose noted a public meeting was held on December 5th to discuss the project with the public. Staff sent invitations to all the adjacent neighbors, and to owners of property within 250 feet of the school. The meeting was attended by approximately 25 individuals. Questions were asked at the meeting about possible uses, size of the lots, park amenities, funding, and covenants. After the presentation and question session, Staff answered specific questions on a one-on-one basis. The proposed covenants were posted on the wall for review and discussion. Jose reported the proposed covenants will run with the property for 25 years. At the end of the 25 years the covenants will expire. At that time the owners may choose to amend the covenants (in whole or in part) and re-adopt them. Jose stated the purpose of the covenants is to further influence the style of housing that will be constructed in the area. The reason for this is that the Jolley School site is currently within the Jolley Historic District. Jose noted the covenants will restrict the style of housing constructed to three styles. Houses will need to have external characteristics of one of the three styles. These styles are similar to those in the near vicinity of the school. The styles are Queen Anne, Colonial Revival, and Craftsman Bungalow. Additionally, the covenants will restrict the location of where the garages can be built in relation to the house, and what type of roofing material can be used. The covenants will also spell out the process to acquire the initial building permit. In this instance we are proposing that the initial building permit application be submitted to the City’s Building Official. However, rather than the Building Official reviewing the application and issuing the permit, the HPC will review the permit and make a recommendation on issuing the permit. The HPC’s recommendation of 19 issuance of the permit will constitute an acceptance of the plan and that “no adverse effect” was found with the proposed plan. Jose stated covenants are enacted by the property owners. In this case the City is not yet the property owner. The School District, the owners of the property, are aware of the covenants. The City is currently completing the covenants to expedite the review process with the SD Historic Preservation Office (SHPO). Completing the covenants now demonstrates to SHPO that the City is promoting the construction of appropriate historic looking buildings in the historic district. The covenants will not take effect until December 1, 2024. This is approximately 90 days from when the City takes ownership of the property. 462-23 Council Member Price moved approval of the covenants for the Jolley Planned Development District starting December 1, 2024. Council Member Ward seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. B. First Reading of Ordinance 1502 Amending Title XV, Land Usage; Chapter 150, Building Regulations; Sections 150.01 Definitions through 150.03 International Residential Code Adopted; 150.20 Building Inspector through 150.24 Denial; Appeal; 150.33 Razing and Demolish of Structures; and 150.36 Expiration. Kalin Bird, Building Official, reported on the first reading of Ordinance 1502 Amending Title XV, Land Usage; Chapter 150, Building Regulations; Sections 150.01 Definitions through 150.03 International Residential Code Adopted; 150.20 Building Inspector through 150.24 Denial; Appeal; 150.33 Razing and Demolish of Structures; and 150.36 Expiration. Kalin noted the City has adopted Building Codes and Regulations for construction. Along with the adoptions, the City has amendments and specific regulations for building permit applications. Some items have been spread between Zoning Regulations, when the City Engineer was the issuer of building permits, and Building Regulations when the building department was separated from the engineering department. In May of 2023 the Building Official gave a brief overview of this proposed ordinance during a Noon City Council educational session. Kalin noted the proposed amendment will remove items from Chapter 155 Zoning Regulations and move them to Chapter 150 where there are existing regulations and requirements for building projects. Items such as required documents, razing of buildings, and expiration of building permits that are in Chapter 155 Zoning Regulations are proposed to move to Chapter 150. Kalin stated many items covered in Chapter 155 regarding building permits were already in Chapter 150, but to be more cohesive 20 the proposed ordinance will place all building permit requirements in one chapter. Kalin stated the proposed ordinance will also cover items such as the building permit appeal process. The current ordinance has language for a Board of Appeals as the Zoning Board, while the adopted building codes call for the Board of Appeals to be the City Council. This amendment will clarify that the City Council will be considered as the Board of Appeals throughout the chapter as well as in Chapter 155. To match the adopted building codes and amendments thereof, this proposed ordinance will ensure the appeal process for building permits is clear and matches other sections of the ordinance. Kalin noted this ordinance also addresses who will issue the building permits which shall be the Building Official not the building inspector, this being a change from the separation of engineering and building departments. 463-23 Mayor Cole read the title to the above-mentioned Ordinance and Council Member Ward moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1502 entitled An Ordinance Amending Title XV, Land Usage; Chapter 150, Building Regulations; Sections 150.01 Definitions through 150.03 International Residential Code Adopted; 150.20 Building Inspector through 150.24 Denial; Appeal; 150.33 Razing and Demolish of Structures; and 150.36 Expiration of the City of Vermillion, South Dakota has been read and the Ordinance has been considered to advance to the second reading at this meeting being a regularly called meeting of the Governing Body of the City on this 18th day of December, 2023 at the Council Chambers in City Hall in the manner prescribed by SDCL 9-19-7 as amended. The motion was seconded by Council Member Hellwege. After discussion the question of adoption of the Resolution was put to a vote of the Governing Body and 8 members voted in favor of and 0 members voted in opposition to the motion. Mayor Cole declared the motion adopted. C. First Reading of Ordinance 1503 Amending Title XV Land Usage; Chapter 150, Building Regulations; Sections 150.50 International Property Maintenance Code Adopted; 150.39 Uniform Mechanical Code; 150.04 Conflict of Laws through 150.07 Numbering of Buildings; and 150.33 Fees through 150.38 Building and Development in Flood Plain. Kalin Bird, Building Official, reported on the first reading of Ordinance 1503 Amending Title XV Land Usage; Chapter 150, Building Regulations; 21 Sections 150.50 International Property Maintenance Code Adopted; 150.39 Uniform Mechanical Code; 150.04 Conflict of Laws through 150.07 Numbering of Buildings; and 150.33 Fees through 150.38 Building and Development in Flood Plain. Kalin stated the City has adopted codes and regulations for construction and property maintenance. This includes codes for commercial property, single family residential property, mechanical requirements, and property maintenance. In May of 2023 the Building Official did a brief overview of this amendment during a noon City Council educational session. Kalin noted the proposed Ordinance is to restructure the adopted International Codes in Chapter 150, so that when a citizen or contractor were to look at the adopted codes, they would have all the codes in a centralized location rather than split throughout a chapter. Kalin noted staff found this may be helpful for citizens or contractors looking for specific information or what codes have been adopted. Kalin noted the changes will not affect any language or content, but rather the section placements. 464-23 Mayor Cole read the title to the above-mentioned Ordinance and Council Member Murra moved adoption of the following Resolution: BE IT RESOLVED that the minutes of this meeting shall show that the title to the proposed Ordinance No. 1503 entitled An Ordinance Amending Title XV Land Usage; Chapter 150, Building Regulations; Sections 150.50 International Property Maintenance Code Adopted; 150.39 Uniform Mechanical Code; 150.04 Conflict of Laws through 150.07 Numbering of Buildings; and 150.33 Fees through 150.38 Building and Development in Flood Plain of the City of Vermillion, South Dakota has been read and the Ordinance has been considered to advance to the second reading at this meeting being a regularly called meeting of the Governing Body of the City on this 18th day of December, 2023 at the Council Chambers in City Hall in the manner prescribed by SDCL 9-19-7 as amended. The motion was seconded by Council Member Hellwege. After discussion the question of adoption of the Resolution was put to a vote of the Governing Body and 8 members voted in favor of and 0 members voted in opposition to the motion. Mayor Cole declared the motion adopted. D. Provide Staff direction on bringing streets forward for construction. Jose Dominguez, City Engineer, reported on streets that could be constructed. Jose noted infrastructure construction in Vermillion is typically done through assessments or by a developer with financial assistance from the City (e.g. tax increment financing districts). Jose 22 noted assessment projects are typically brought to the City Council’s attention by the public. In some cases, the City brings a project up for consideration due to possible adjacent developments or because of the possibility for a project to benefit the community at large. Jose noted interest has been expressed in calling one section of street. There are two sections of street within city limits where the City Council has the ability through developer agreements to call in the street for paving. To treat both streets equally and consistently, information is provided on both potential streets. All the property owners have been notified of this agenda item. Jose noted to complete projects based on assessments Staff first needs to be directed by the City Council. After Staff is asked to start the assessment process public meetings will be held to notify the affected owners, the project will be designed, bid, and constructed, and finally, the owners will be notified of their assessed amounts. At this point Staff is asking the City Council to consider the following locations for possible street, and utility, extensions: 1.) E Clark Street N Norbeck to 200 feet east; Developers Agreements with north property owner; Estimated Cost $250,000 2.) Carr Street W Duke to Bower; Developers Agreements with east and west property owners; Estimated Cost $810,000 Jose stated the above cost includes street, lights, sanitary sewer, and water main construction. Some of the cost would be split with the City depending on oversized items. Jose noted the City has the developer’s agreements with 50% of the fronting property owners on the E Clark Street project and with 100% of the owners fronting the Carr Street project. Developer’s agreements are entered into by the City and developers to delay the construction of infrastructure. The agreement is a mechanism used to defray some of the required infrastructure construction cost to a later date while at the same time ensuring that the owner does not remonstrate when the project is called in by the Council. The agreements allow the City to complete the project and assess the owners accordingly. Jose stated the E Clark Street project will complete a section of street that is currently used by the neighboring properties to access the apartments. Additionally, the construction will allow for the future development of the land directly to the south. Jose noted the Carr Street project will connect W Cherry Street to Bower Street, and more importantly W Cherry Street to SD Hwy 50 Bypass. This 23 connection may serve as an additional route for the public when visiting Vermillion to access businesses along Bower Street. This street may also be used in the future by Polaris if they choose to construct an additional driveway. Duane Mehlhaf, 1322 E Clark, the developer’s agreement was signed prior to constructing the apartment building to the north of the street on E Clark. Duane noted that the property owner to the east of the building has no desire to build. Duane noted that this would remove parking on that corner. Duane stated this is a misuse of time and resources to put this street in now. Jim Peterson, VCDC Director, stated that Duane brought this up to him and that Carr Street would be a good location to use resources, but this location is not due to the owner to the east not wanting to develop. Council Member Hellwege stated the E Clark Street is a challenging issue. Hellwege noted that this is being used as a street currently and this could cause additional concerns such as safety. Hellwege asked why there is a driveway to the south and could that be closed off and that area not be used. Council Member Ward asked Jim Peterson if he saw the Carr Street would be better for development. Jim noted that Carr Street would be a good option and E Clark does not seem to be a good location for development due to the current owner to the East. Discussion followed on which street construction is a better use of resources. 465-23 Council Member Murra moved to call the road on Carr Street. Council Member Ward seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. E. Commercial Collector (waste hauling) license renewals. Katie Redden, Finance Officer, reported that the following have made application, including the proof of insurance, for commercial collector’s licenses for 2024: Loren Fischer Disposal - Loren Fischer, Owner; Fischer Disposal, LLC - Lonnie Fischer, Operator; Art’s Garbage Service - Division of Waste Connections; Vermillion Garbage Service – VSG, Inc.; and Waste Management of Sioux City Iowa. Katie noted that, as part of the renewal, applicants were requested to include any violations of City ordinance and the Police Chief did a local record check on each applicant with her results included in the memo. Discussion followed on revocation on the approval process for licenses if issues are happening. 24 466-23 Council Member Hellwege moved approval of the commercial collector’s licenses for 2024 for the businesses listed. Council Member Jennewein seconded the motion. Discussion followed on the commercial collection license process. Motion carried 8 to 0. Mayor Cole declared the motion adopted. F. Request to remove parking on the east side of N Dakota Street from the Sanford Coyote Sports Center (SCSC) loading dock entrance to SD Highway 50 and remove parking on the west side of N Dakota Street from Alumni Street to SD Highway 50 on January 1, 2, and 5, 2024 for Farm Show. Jack Baustian, Assistant to the City Manager, reported that The University of South Dakota Athletics Department has requested that no parking be allowed on the east side of N Dakota Street starting at the Sanford Coyote Sports Center loading dock entrance going north to the DakotaDome loading dock entrance for the Dakota Farm Show. Jack stated that this request allows members of the event to utilize the area as a loading/unloading location on Monday, January 1, Tuesday, January 2, and Friday, January 5, 2024 from 6:00 a.m. until 10:00 p.m. Jack noted that USD’s Athletic Department indicated this closure should only affect USD Athletics, the USD Foundation, Holiday Inn Express, and the Heights. All affected entities will be made aware of the parking removal. The Vermillion Police, Fire/EMS and Street Departments have no concerns at this time. USD Staff will post the no-parking notifications as they have previously. Classes are not in session at USD during the time of this request. 467-23 Council Member Ward moved approval of the request to temporarily remove parking on the east side of N Dakota Street from the Sanford Coyote Sports Center (SCSC) loading dock entrance to SD Highway 50 and remove parking on the west side of N Dakota Street from Alumni Street to SD Highway 50 on January 1, 2, and 5, 2024 from 6:00 a.m. to 10:00 p.m. for the Dakota Farm Show. Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. G. County, School & City combined election agreement. Katie Redden, Finance Officer, reported that City ordinance calls for an election on the even numbered years to be combined with the primary election. Katie noted that the School District is also requesting to combine with the County election. Katie stated that the agreement proposed is the same terms as used in 2022 with the cost to the City of $2,800. Katie noted that the cost of the special election on the daycare registration and malt beverage markup cost over $3,500. Katie noted that 25 the combined elections have provided for a higher voter turnout. Katie recommended adoption of the agreement. Discussion followed on the combined election agreement. 468-22 Council Member Ward moved approval of the combined election agreement with Clay County and the School District for the 2024 City election to be combined with the June 4th primary at a cost of $2,800. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. H. Declaring several vehicles and equipment surplus. Jose Dominguez, City Engineer, reported on declaring vehicles and equipment surplus. As part of the equipment replacement schedule, several vehicles and pieces of equipment have been replaced. The equipment before the City Council at this time to be considered declared surplus consists of: DEPARMENT YEAR PURCHASED EQUIPMENT YEAR REPLACED Police 2020 Ford Pursuit Vehicle 2023 Street 2003 Ford F250 2x4 2023 Recycling 2016 Ford F350 4x4 2023 Solid Waste 2009 Ford F250 4x4 2023 Engineering 2017 Ford Pursuit Vehicle 2023 Jose requested the City Council declare the above-mentioned equipment surplus. Jose noted since 2021 the City has used the online auction site Purple Wave. The City started using the site due to issues selling large pieces of equipment in the local market. Purple Wave is an online auction service specializing in vehicles and equipment. Purple Wave was recommended to City Staff by other governmental entities. Purple Wave charges a 10% fee to the purchaser on the highest bid. Selling items through auction does not require the equipment to be appraised. However, it does require that the vehicle/equipment be sold to the highest bidder. The winning bid may be less than the City expected and thus negatively impacting the Equipment Replacement Fund. Information and photos of the equipment are attached. 469-23 Council Member Murra moved approval of the 2020 Ford Pursuit Vehicle; 2003 Ford F250 2x4; 2016 Ford F350 4x4; 2009 Ford F250 4x4; and 2017 Ford Pursuit Vehicle be declared surplus. Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 26 I. Helms and Associates engineering agreement for the design of the partial parallel taxiway at Harold Davidson Field Airport. Jose Dominguez, City Engineer, reported that during the 2023 budget sessions Staff presented several future projects that would occur at the airport. One of the projects was the partial parallel taxiway reconstruction. When presented the design of the project would occur in 2024 and the construction in 2025. Jose noted the agreement being considered tonight is for the design of the partial parallel taxiway and pavement maintenance on the apron and taxi-lane areas. This work will take place during 2024 with construction occurring in 2025. Jose stated the projects at the airport are paid for through a combination of Federal, State and City funds. Typically, the Federal and State governments pay around 95% of the cost with the City being accountable for the remaining 5%. The City pays all the bills and then is reimbursed accordingly. Jose noted although the funding mechanism has not changed the only difference is that the Federal government has not allocated the funds to cover the cost of the design or the construction. The City is slated to receive funding (e.g. we have an AIP number), there is just no money specifically allocated at this moment. The funding is usually figured out prior to signing contracts with the consultants. Staff discussed the issue with the Consultant and the State. Based on the discussion it is estimated that the Federal funds will be made available around July/August of 2024. The agreement with Helms requires the City to pay them as the project progresses. However, in the remote case that funding is not made available we would be able to stop the design and pay Helms for the work done without a penalty. Jose stated the agreement with Helms and Associates is for $99,601.27. Initially the City would pay for the entire cost with 95% of the cost being refunded after the project is done. In essence, the City only pays 5% of the cost or close to $4,980.06. 470-23 Council Member Humphrey moved approval for the Mayor to sign the Helms and Associates engineering agreement for the design of the partial parallel taxiway at Harold Davidson Field Airport. Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. J. Pledge of local funds for SDHDA grant match. John Prescott, City Manager, reported the City made an application to the South Dakota Housing Development Authority (SDHDA) for Housing 27 Infrastructure Financing Program (HIFP) funds in late July. The City received notice of a conditional commitment of $1,418,344 of grant funding in November. The funding would be utilized to develop infrastructure to support housing development in the Jack Powell Addition. John noted one of the conditions is that the local funding for the proposed project be documented. In the grant application, the City has proposed the following local match of funding sources:  $1,002,500 from the Wastewater fund for the Tom Street Lift Station. This lift station will serve the Jack Powell Addition.  $1,029,500 via a loan from the Light & Power fund. The loan would provide some of the cash to construct the project. The loan would be repaid at 2% interest via proceeds from a tax increment financing district.  $500,000 from second penny funds. The City Council could provide these funds as a grant to the project or could have the funds repaid from tax increment financing receipts. John noted Clay County has provided a promissory note for half of the cost of the James Street infrastructure as it abuts the law enforcement center. The cost of these improvements is estimated to be $305,000. The actual cost will be determined once the bid is awarded. 471-23 After reading the same once, Council Member Price moved adoption of the following: A RESOLUTION COMMITTING FUNDING FOR THE FINANCING OF INFRASTRUCTURE DEVELOPMENT IN THE JACK POWELL ADDITION AS PART OF THE LOCAL MATCH REQUIREMENT FOR FUNDING FROM THE SOUTH DAKOTA HOUSING DEVELOPMENT AUTHORITY WHEREAS, the City of Vermillion (City) has received a Conditional Commitment of financial assistance from the South Dakota Housing Development Authority (SDHDA) for the purpose of promoting housing development in South Dakota; and WHEREAS, SDHDA has provided a conditional commitment of $1,418,344 of Housing Infrastructure Financing Program (HIFP) grant funds; and WHEREAS, SDHDA desires to have documentation of all funding sources matching HIFP grant funds including the amount, conditions, rate, and terms; and 28 WHEREAS, the City of Vermillion is utilizing several different funds to provide the local match. NOW, THEREFORE BE IT RESOLVED, the Governing Body of the City of Vermillion will provide at least $500,000 of Second Penny funds in the form of a grant as part of the local match to the Housing Infrastructure Finance Program project in the Jack Powell Addition. BE IT FURTHER RESOLVED, the Governing Body of the City of Vermillion will provide $1,002,500 of funding from the Waste Water Fund as the local match for the Tom Street lift station which will serve the Jack Powell Addition. BE IT FURTHER RESOLVED, the Governing Body of the City of Vermillion will provide a loan of $1,030,000 at 2% interest from the City’s Light and Power fund as part of the local match to the HIFP grant for the Jack Powell Addition. The loan will be repaid from land sales in the Jack Powell Addition and tax increment financing receipts. Dated at Vermillion, South Dakota this 18th day of December 2023. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: By__________________________________ Katie E. Redden, Finance Officer The motion was seconded by Council Member Ward. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 8 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. 472-23 Council Member Humphrey moved to authorize the City Manager to sign the agreement with SDHDA. Council Member Price seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. K. Public Safety Center appointment. John Prescott, City Manager, reported on the Public Safety Center Board member appointments. When the Public Safety Center was built, there was a Construction and Use Agreement entered into between the City of Vermillion and Clay County on January 21, 1988. The agreement provided 29 for a Public Safety Center Board that would resolve any issues and/or conflicts between the City and County in the use of the facility. John noted that the current members of the board and the expiration of their current terms are Bruce Plate (2023), Steve Waller (2024), and Robert Fuller (2025). Sheriff Howe and Police Chief Brady are recommending the reappointment of Bruce Plate for a term ending December 31, 2026. 473-23 Council Member Ward moved approval of appointing Bruce Plate for the term expiring December 31, 2026. Council Member Hellwege seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. L. Agreement with Banner Associates amending the engineering agreement for the design of Jack Powell Addition Development. Jose Dominguez, City Engineer, reported on the Agreement with Banner Associates amending the engineering agreement for the design of Jack Powell Addition Development. Jose noted in October 2022, the City purchased approximately 50 acres at the southwest corner of SD Hwy 50 and SD Hwy 19. The City’s plan is to make the land available for residential and commercial development. The City would also be using a portion of the land for construction of a park. Additionally, the City and the County would be constructing the new law enforcement center (LEC) in part of the 50 acres purchased. Jose noted the City has already completed the wetland determination, the conceptual drainage and grading plan, and the traffic impact study. We are in the process of completing the infrastructure construction plans for ALL of the development. Jose stated Banner was hired by the City to complete the construction plans for a portion of James Street, Baylor Street, the sanitary sewer from Tom Street lift station to the intersection between James and Stanford Street, and all the drainage and grading, in April 2023. At that time the project was split into three phases. The agreement signed in April was for Phase 1. The other two phases would be designed and constructed one to two years later. Jose noted recently the City received a grant from the South Dakota Housing Development Authority of over $1.4 million that would assist in the cost for Phase 1 and make more of City funding available to complete Phase 2 (e.g. Baylor Street from Tom Sttreet to James Street) concurrently. Jose noted the City has discussed a potential project with a developer about a project on the property. To facilitate this potential project, the developer would need to have Phase 3 sooner than later. To promote development of the property, it 30 would be helpful to have the City design and construct ALL phases concurrently rather than years apart. Jose stated the item being reviewed by the Council will amend the current contract with Banner to complete the design for Phase 2 and 3. The increase in the cost will be approximately a 10% increase, or $18,400. The increase is minimal since ALL of the phases had to be designed to ensure that the design for Phase 1 worked with the future phases. The additional cost will mostly cover the preparation of the construction plans and some minor design work. Jose noted the City will need to revise the 2nd Penny Fund to include the cost for the design. At this point, the new amended amount will be $222,800. This is an increase of $18,400. 474-23 Council Member Hellwege moved approval of authorizing City staff to sign the agreement with Banner Associates amending the agreement for professional services associated with the design of the Jack Powell Development. Council Member Humphrey seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. M. Resolution authorizing the purchase of a beverage cart for The Bluffs Golf Course. Jose Dominguez, City Engineer, reported on a resolution authorizing the purchase of a beverage cart for The Bluffs Golf Course. Jose noted during the 2023 budget sessions, the City Council was informed of the future lease agreement for The Bluffs Golf Course carts. In previous years the City has leased all the golf carts as well as a beverage cart. The existing lease will expire at the end of 2023 and a new lease will need to be signed. Jose noted when purchasing equipment, the City has several options based on State statutes: 1.City can procure bids based on the requirements set forth in 5-18A; or 2.City can purchase from an already awarded contract that was awarded within 12 months if the awarded bidding process in 5-18A was followed (5-18A-22(3)); or 3.City can purchase from a purchasing agency (5-18A-37); or 4.City can purchase from a local vendor if the purchased item is at, or below, the price on the State contract list (5-18C-8) Jose noted the City avoids procuring bids because this process requires considerable staff time and additional resources to develop the specifications, advertise the bid documents, and evaluate the bids. Rather, the City tries to purchase directly from a local vendor, from an 31 already awarded contract, from the State list, or from a purchasing agency. Jose stated Staff is proposing to purchase from a National Purchasing Cooperative (d/b/a BuyBoard) contract awarded to Yamaha. Purchasing from BuyBoard, similar to Sourcewell, allows the City to benefit from the low prices offered to members. The City would be purchasing a Yamaha Umax Deluxe Bistro Beverage Cart for $24,000. Yamaha’s local dealer, Yamaha Golf and Utility from Burnsville, MN, will honor the BuyBoard bid. Jose stated the beverage cart is used at the golf course to sell snacks and beverages to golfers out on the course. This cart is typically leased for 5 years along with the other golf carts. However, due to cost increases it is better for the City to purchase (e.g. $3,000 per year) the cart as opposed to leasing it (e.g. $6,000 per year). This is forcing the City to buy a beverage cart. Once purchased the vehicle would be placed in the Equipment Replacement fund and replaced in 8 years. The initial purchase will be paid for through money from the Dakota Tour fund. The order for the cart will be made in 2023, delivered in 2024, and paid for in 2024. 475-23 After reading the same once, Council Member Hellwege moved adoption of the following: RESOLUTION AUTHORIZING THE PURCHASE OF A BLUFFS GOLF COURSE BEVERAGE CART WHEREAS, SDCL 5-18A-37 authorizes a governmental entity to participate in cooperative purchasing agreements and conduct purchasing transactions under a joint agreement in this or any other state; and WHEREAS, the City of Vermillion has reviewed and determined that the bid awarded by National Purchasing Cooperative, d/b/a BuyBoard to Yamaha for a Yamaha Umax Deluxe Bistro beverage cart for a price of $24,000.00 offers an advantageous price to the City for said item; and WHEREAS, the City has contacted Yamaha Golf and Utility, of Burnsville, Minnesota and they have agreed to allow the City to purchase one Yamaha Umax Deluxe Bistro beverage cart for the awarded price and terms as they have contracted with BuyBoard. NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the City of Vermillion, that the City Finance Officer is hereby authorized to purchase a Yamaha Umax Deluxe Bistro from Yamaha Golf and Utility, Burnsville, MN, for a price of $24,000.00. 32 Dated at Vermillion, South Dakota this 18th day of December, 2023. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: By_________________________________ Katie E. Redden, Finance Officer The motion was seconded by Council Member Price. Discussion followed and the question of the adoption of the Resolution was presented for a vote of the Governing Body. 8 members voted in favor of and 0 members voted in opposition to the Resolution. Mayor Cole declared that the Resolution was adopted. 9. Bid Openings - None 10. City Manager's Report A. John reported one opening for a two-year term on the Tree Board. Interested residents are asked to complete an Expression of Interest form by 5:00 p.m. on Thursday, December 21, 2023. Anticipated that an appointment will be made at the January 2, 2024 City Council meeting. B. John noted City offices will be closed on Monday, December 25 for the Christmas holiday and Monday, January 1 for the New Years holiday. The next City Council meetings are on Tuesday, January 2, 2024. C. John stated Christmas Tree collection site is open and accepts real trees. The site is located on the south side of Broadway Street just west of Dakota Street. Please remove any plastic that you might wrap the tree in for transporting it as well as lights and decorations. Accepting trees through Friday, January 12, 2024. D. John noted the Library is seeking responses to a library services survey. Please complete the survey before December 31. Available on the Library’s website or there are paper copies at the Library and City Hall. C. John noted that there is a Childcare survey that is on the City’s website to get input from the community. John reported on one raffle notification: Clay County Fair Association will be selling tickets at $5 each or 5 for $20. Weekly drawings every Wednesday from January 31 to July 31 (skipping 33 July 4). The winner receives 50% of the total pot. The location of the drawing will move around Clay County every 3-4 weeks. A $130 option for an entry in each weekly drawing is another way to purchase tickets. All weekly winners will be part of the Grand Finale on Saturday, August 10, 2024. The individual drawing the 4 of Clubs during the Finale will win half the pot. All funds will be used to cover the cost of construction and equipment for a community kitchen at the 4-H Center. PAYROLL ADDITIONS AND CHANGES Volunteer Firefighter: Joseph Miles 11. Invoices Payable 476-23 Council Member Price moved approval of the following invoices: A & B BUSINESS, INC COPIER CONTRACT 914.98 A & M SERVICES, INC UNIFORM CLEANING 94.00 AMAZON BUSINESS BOOKS/DVDS/SUPPLIES 3,107.84 ANGRY PISTON GARAGE REPAIRS 2,177.16 AUTO VALUE PARTS 283.72 BEST WESTERN RAMKOTA LODGING 273.00 BLACKSTONE PUBLISHING BOOKS 173.37 BOONE BROTHERS ROOFING ROOF REPAIRS 107.59 BROADCASTER PRESS ADVERTISING 1,058.10 BUHLS CLEANERS MAT/MOP SERVICE 644.39 BUTLER MACHINERY CO. PARTS 1,662.16 C & B OPERATIONS, LLC FUEL FILTERS 91.83 CASK & CORK MERCHANDISE 963.96 CENTURYLINK TELEPHONE 580.07 CHAMBERLAIN OIL CO OIL 126.40 CITY OF VERMILLION LANDFILL VOUCHERS 336.00 CLAY RURAL WATER SYSTEM WATER USAGE 103.00 CLAY-UNION ELECTRIC CORP ELECTRICITY 1,786.21 CORE & MAIN LP WIRE 450.00 CRARY HUFF LAW FIRM PROFESSIONAL SERVICES 3,773.50 CRIMINAL ADDICTION INC REGISTRATION 2,232.00 DAKOTA BEVERAGE MERCHANDISE 6,008.18 DAKOTA PC WAREHOUSE TONER 139.98 DAKOTA PUMP INCORP PARTS 2,358.37 DANIEL MILROY SAFETY BOOTS REIMBURSEMENT 132.86 DEMCO SUPPLIES 571.58 DEZURIK INC PART 107.98 DUANE MEHLHAF WATER HEATER REBATES 300.00 34 ECHO ELECTRIC SUPPLY SIE BREAKER/PROTECTOR 140.60 ENERGY LABORATORIES TESTING 1,667.00 ENVIRONMENTAL PRODUCTS & ACCESS CAMLOCK 41.51 FASTENAL COMPANY SELF DRILLING SCREWS/FASTENER 29.94 GLOBAL DIST. MERCHANDISE 171.50 GLOBAL INDUSTRIAL UNIVERSAL DOLLY 78.94 GRAYMONT (WI) LLC CHEMICALS 6,002.55 GREGG PETERS MANAGERS FEE 6,000.00 HDR ENGINEERING, INC PROFESSIONAL SERVICES 532.50 HOUSTON ENGINEERING INC PROFESSIONAL SERVICES 6,520.70 HY VEE FOOD STORE CUPCAKES 7.49 INGRAM BOOKS 1,145.23 INSURANCE BENEFITS INC. AIRPORT LIABILITY 5,601.00 JACKS UNIFORM & EQPT VEST/CARRIER 1,784.02 JOHN A CONKLING DIST. MERCHANDISE 1,547.70 JOHNSON BROTHERS OF SD MERCHANDISE 27,380.02 JONES FOOD CENTER SUPPLIES 259.32 KANOPY INC PPU PROGRAM 2,000.00 KIMBALL MIDWEST SUPPLIES 24.20 LAYNES WORLD AWARDS 400.95 LESSMAN ELEC. SUPPLY CO SUPPLIES 81.00 LOCATORS AND SUPPLIES, INC MARKING PAINT 722.40 LOREN FISCHER DISPOSAL HAUL CARDBOARD 1,280.00 LOW INCOME ENERGY ASSISTANCE REFUND ONE TIME ELECTRIC PMT 376.46 M & M CONSTRUCTION LLC LIONS PARK IMPROVEMENTS 8,979.14 MEDICAL WASTE TRANSPORT, INC HAUL MEDICAL WASTE 427.05 MEREDITH BOOKS BOOK 45.91 MICRO MARKETING LLC BOOKS 88.50 MIDAMERICAN GAS USAGE 4,070.83 MIDCONTINENT COMMUNICATION CABLE/INTERNET/TELEPHONE 316.97 MIDWEST ALARM CO ALARM MONITORING 587.93 NEBRASKA JOURNAL-LEADER ADVERTISING 126.80 NETSYS+ PROFESSIONAL SERVICES 3,760.75 O'REILLY AUTO PARTS PARTS 98.11 OFFICE OF FIRE MARSHAL BOILER CERTIFICATE/INSPECTION 70.00 OFFICE OF WEIGHTS & MEASURES TESTING 103.00 OKOBOJI WINES-SD MERCHANDISE 99.00 OVERDRIVE INC EBOOKS/AUDIOBOOKS 6,508.68 PHIL WIEBELHAUS SAFETY BOOTS REIMBURSEMENT 127.54 PLAYAWAY PRODUCTS BOOKS 1,432.11 POMPS TIRE SERVICE, INC. TIRES 744.00 POSM SOFTWARE SUPPORT 2,000.00 PRESSING MATTERS PRENTIS PARK CHILDRENS BOOK 567.39 35 QUADIENT LEASING USA, INC POSTAGE METER LEASE PAYMENT 178.39 QUILL STAPLES 14.10 REDI TOWING TOWING 750.00 REPUBLIC NATIONAL DISTRIBUTING MERCHANDISE 16,629.02 ROUNDS CONSTRUCTION LEACHE POND #2 68,176.49 RUNNING SUPPLY, LLC SUPPLIES 355.46 SANFORD HEALTH OCCUPATIONAL MED TESTING 164.00 SANITATION PRODUCTS INC FILL HOSE 399.04 SD DENR LANDFILL OPERATIONS FEE 3,624.70 SD DEPT OF TRANSPORTATION PROFESSIONAL SERVICES 1,063.58 SIOUX FALLS FORD REPAIRS 132.73 SITEONE LANDSCAPE SUPPLY PARTS 239.06 SOUTHERN GLAZER'S OF SD MERCHANDISE 9,695.33 STAPLES BUSINESS CREDIT SUPPLIES 1,269.86 STERN OIL CO. FUEL 19,610.92 TRACTOR SUPPLY CREDIT PLAN SUPPLIES 97.96 TRITECH SOFTWARE SYSTEMS E-CITATIONS SUBSCRIPTION 14,130.50 TURNER PLUMBING REPAIRS 141.65 UNITED PARCEL SERVICE SHIPPING 205.10 US BANK AGENT FEE 770.00 USPS-POC POSTAGE FOR METER 700.00 VERMILLION ACE HARDWARE SUPPLIES 916.61 WALKER CONSTRUCTION INC STORM SEWER REPAIRS 3,952.50 Council Member Jennewein seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 12. Consensus Agenda A. Set a public hearing date of January 2, 2024 for a Retail (on-off sale) Malt Beverage & South Dakota Farm Wine license for Pump N Stuff – Video Lottery Room #3 located at 203 E. Main Street. 477-23 Council Member Price moved approval of the consensus agenda. Council Member Jennewein seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 13. Adjourn 478-23 Council Member Murra moved to adjourn the Council Meeting at 9:08 p.m. Council Member Ward seconded the motion. Motion carried 8 to 0. Mayor Cole declared the motion adopted. 36 Dated at Vermillion, South Dakota this 18th day of December, 2023. THE GOVERNING BODY OF THE CITY OF VERMILLION, SOUTH DAKOTA BY____________________________ Jonathan D. Cole, Mayor ATTEST: BY___________________________________ Katie E. Redden, Finance Officer Published once at the approximate cost of ___________. 37